Jaiprakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58318 of 2019 Arising Out of PS. Case No.-347 Year-2018 Thana- RANIYATALAB District- Patna ====================================================== JAIPRAKASH PASWAN Son of Mahendra Paswan Resident of VillageAmirabad (Saidabad), P.S.- Ranitalab, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 354, 307, 427, 337, 338, 504, 506 of the Indian Penal Code registered in connection with Ranitalab P.S. Case No. 347/2018.

3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties. The accusation of assault with khanti on the head of the son of the informant is not corroborated by any injury report. Similarly situated co-accuseed Ramesh Kumar has been granted anticipatory bail by this Court in Cr. Misc. No. 30376 of 2019. A statement is made at the Bar that two prior cases in which the petitioner is made accused have also been lodged by the informant's side and in which he is on bail and police bail, respectively.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Parveen

Patna High Court CR. MISC. No.58318 of 2019(2) dt.16-09-2019 2/2 Kumar Malviya learned J.M. Ist Class, Danapur, in connection with Ranitalab P.S. Case No. 347/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T